Drunk Driving Accident Lawyer

Definition of Implied Consent

In Georgia, implied consent is an essential part of almost every DUI arrest, and it is enforced by nearly all local law enforcement agencies. In spite of this, students in high schools and colleges have never been taught what implied consent means, either. There is an obscure law that has been in place for more than 70 years in some states, but it has only been in use for about 60 years in Georgia.

As a drunk driving accident lawyer from The Lynch Law Group explains, a law that refers to implied consent will inform you that you have a legal “obligation” to submit to incriminatory testing as a requirement of Georgia law. A state officer has already arrested you, and the officer wants to collect evidence in order to be able to suspend your driving privileges in the future. It is significant to note that the implied consent notice does not explicitly state that if the results of the test are used in a criminal prosecution, then you can be found guilty.

When Is the Implied Consent Georgia Notice Read, After a DUI Arrest?

In general, the implied consent law in Georgia is supposed to be read to an arrested person as soon as possible after they are taken into custody. In other states, such as North Carolina, the implied consent law wording isn’t read until you are in jail, so that you are able to read it yourself, rather than just hearing it being read to you.

Can I Decline to Take the Implied Consent Georgia Test?

Due to the fact that this implied consent law advice is given to you after you have been arrested for driving under the influence, which is considered a “less safe” offense, many people who are facing their first offense with alcohol are inclined to say, “no.” This is mainly due to a combination of underlying issues and an element of uncertainty.

In their minds, they may feel fear of the unknown, worry about being cuffed, be concerned about going to jail, have fear of needles, not understand the poorly-worded advice given by a police officer, and wonder why they were arrested when they assumed they had cooperated and done what was asked of them.

Can I Talk to a DUI Lawyer in GA Before Taking Implied Consent?

When people are arrested for DUI in Georgia, they often immediately ask to speak with a DUI lawyer, but the officer who arrested them informs them that they are not allowed to do so.

The Georgia Supreme Court has ruled that when someone is arrested for DUI-DWI, they will be told where and when they can contact a drunk driving attorney, while in other states (e.g., NC), they will not be told where or when they will be able to contact a drunk driving attorney. Until the person has incriminated himself or herself, either by submitting to the implied consent test or refusing it, legal counsel cannot be contacted in Georgia. If you refuse to submit to a DUI test, you may be subject to a suspension of your license, and your refusal can be used as evidence against you in a DUI criminal case.